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Part III Liability and Recovery in Multistate Litigation, 5 The Laws Governing Multistate Transactions

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Transaction risk — Transfer of title in multi-state transactions — Non-contractual obligations — Rome I Regulation and choice of law — Applicable law to non-contractual obligations — Scope of the law applicable under the Rome II Regulation
5.01 An effective transaction is one founded upon a contract which satisfies three requirements: it is valid; its terms embody the transaction’s purpose; and it is enforceable by appropriate remedies in the event of non-performance. In English law the validity, construction, and enforcement of a contract depend upon the law applicable to the contract by virtue of the rules for choice of law in contract. Where the purpose of a contract is to transfer rights in property, the effectiveness of the transaction may in addition depend upon the law applicable to the...
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